July 2023 – Federal Register Recent Federal Regulation Documents

On June 15, 2023, the FAA published a final rule titled ``High Elevation Airport Operations''. That document made amendments to certain airworthiness regulations applicable to cabin pressurization systems and oxygen dispensing equipment on transport category airplanes, to facilitate certification of those airplanes, systems, and equipment for operation at high elevation airports, and inadvertently identified the Amendment No. as 25-148. The correct Amendment No. is 25-151. This document makes that correction.

The FAA proposes to supersede Airworthiness Directive (AD) 2020-03-19, which applies to certain Dassault Aviation Model MYSTERE- FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. AD 2020-03-19 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2020-03-19, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require the actions in AD 2020-03-19 and would require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-300F airplanes. This AD was prompted by a report indicating that the installation requirements were not followed for the first observer seat in the flight deck. This AD requires installing placards in various locations of the flight deck to indicate the proper position for the first observer seat during taxi, takeoff, and landing, and revising the existing airplane flight manual (AFM). The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Rolls-Royce Deutschland Ltd & Co KG (RRD) Model Trent 1000 engines. This AD was prompted by reports of excessive wear on the inner seal fins of certain high-pressure turbine (HPT) triple seals. This AD requires an inspection of the HPT triple seal for excessive wear and, depending on the results of the inspection, replacement of the HPT triple seal and the intermediate-pressure turbine (IPT) disk, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

This proposed rule would set forth routine updates to the Medicare home health payment rates for calendar year (CY) 2024 in accordance with existing statutory and regulatory requirements. This rule wouldprovide information on home health utilization trends and solicits comments regarding access to home health aide services; implement home health payment-related changes; rebase and revise the home health market basket and revise the labor-related share; codify statutory requirements for disposable negative pressure wound therapy (dNPWT); and implement the new items and services payment for the home intravenous immune globulin (IVIG) benefit. In addition, it proposes changes to the Home Health Quality Reporting Program (HH QRP) requirements and the expanded Home Health Value-Based Purchasing (HHVBP) Model; to implement the new Part B benefit for lymphedema compression treatment items, codify the Medicare definition of brace, and make other codification changes based on recent legislation; to add an informal dispute resolution (IDR) and special focus program (SFP) for hospice programs; to codify DMEPOS refill policy; and to revise Medicare provider and supplier enrollment requirements.

In this document, the Federal Communications Commission (Commission) directs certain fixed and mobile Broadcast Auxiliary Services (BAS) and Cable Television Relay Services (CARS) licensees authorized to use the 12.7-13.25 GHz (12.7 GHz) band to certify the accuracy of the information reflected on their licenses, including whether their facilities are operating as authorized. If a licensee is unable to make such a certification for a given license, it must cancel or modify the license in accordance with the Commission's rules. The Order is intended to improve the data that the public and the Commission have to make informed comments and decisions about the proposals discussed in the concurrent notice of proposed rulemaking, published elsewhere in this issue of the Federal Register, in which the Commission proposes to protect only those 12.7 GHz BAS and CARS stations for which the licensee timely files the certification required in this Order. A subsequent public notice will provide detailed filing instructions and establish a window for the filing of certifications.

In this document, the Federal Communications Commission (Commission or FCC) seeks comment on various proposed means for transitioning some or all of the 550 megahertz between 12.7-13.25 GHz (the 12.7 GHz band) to mobile broadband and other expanded use, as well as on alternative changes to the Commission's rules that could promote use of the band on a shared basis.

In this document, the Federal Communications Commission (Commission) expands several rules previously adopted for gateway providers to other categories of voice service providers and modifies or removes existing rules consistent with these changes. Specifically, the Commission requires all domestic voice service providers to respond to traceback requests from the Commission, civil and criminal law enforcement, and the industry traceback consortium within 24 hours of the receipt of the request. Second, it requires originating providers to block substantially similar traffic when the Commission notifies the provider of illegal traffic or risk the Commission requiring all providers immediately downstream to block all of that provider's traffic. This rule is consistent with the rule for gateway providers, and requires non-gateway intermediate or terminating providers that receive such a notice to promptly inform the Commission that it is not the originating or gateway provider for the identified traffic, identify the upstream provider(s) from which it received the traffic, and, if possible, take lawful step to mitigate the traffic. Third it requires all voice service providers to take reasonable and effective steps to ensure that the immediate upstream provider is not using it to carry or process a high volume of illegal traffic. Finally, it updates the Commission's Robocall Mitigation Database certification requirements to reflect the 24-hour traceback requirement.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Dassault Aviation Model MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. This proposed AD was prompted by reports of the wing anti-icing (WAI) system leaking in the wing leading edge. This proposed AD would require a one-time inspection of the WAI system, and corrective actions if necessary, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

This action amends the Class E airspace at Devils Lake, ND. This action is the result of an airspace review caused by the decommissioning of the Devils Lake very high frequency omnidirectional range (VOR) as part of the VOR Minimum Operating Network (MON) Program. The geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

The Centers for Disease Control and Prevention (CDC), in the Department of Health and Human Services (HHS), proposes to amend its foreign quarantine regulation to provide additional clarity and safeguards to address the public health risk of dog-maintained rabies virus variant (DMRVV) associated with the importation of dogs into the United States. The United States has been DMRVV-free since 2007, and reintroduction poses significant risk to human and animal health. The close relationship between dogs and people means there is a direct public health risk to individuals that interact with inadequately vaccinated dogs imported from countries at high risk of DMRVV (high- risk countries). The notice of proposed rulemaking (NPRM) also addresses the importation of cats because both dogs and cats are included in the current regulation. Cats are not required to have proof of rabies vaccination and CDC is not proposing new substantive changes relating to the importation of cats.

The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), a State Implementation Plan (SIP) revision submitted by the Ohio Environmental Protection Agency (Ohio EPA) on September 7, 2022. Ohio EPA requests that EPA approve revised volatile organic compounds (VOCs) control rules under Chapter 3745-112 of the Ohio Administrative Code (OAC) into Ohio's SIP. The revised rules will reduce emissions that contribute to ozone formation and assist with efforts to achieve and maintain the 2015 ozone National Ambient Air Quality Standard (NAAQS). EPA finds that these rules are approvable because they are SIP strengthening measures. EPA proposed to approve this action on February 27, 2023, and received no adverse comments.

This action amends the Class E airspace at Sonora, TX. This action is the result of an airspace review caused by the decommissioning of the Sonora non-directional beacon (NDB).

This regulation establishes tolerances for residues of benzpyrimoxan in or on rice, husked; rice, polished rice; and rice, bran. Nichino America, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Federal Labor Relations Authority (FLRA) is implementing this interim final rule with comment period (interim final rule) to enable parties to proceedings before the FLRA's three-Member, decisional component (the Authority) to voluntarily requestin individual cases filed through the FLRA's electronic-filing (eFiling) systemthat the Authority use electronic mail (email) to serve the requesting parties any decisions, orders, and notices (Authority documents) issued in those individual cases. The Authority welcomes comments on this interim final rule.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. These revisions provide certifications that the State has adopted regulations meeting the requirements for reasonably available control technology (RACT) for the 2008 and 2015 ozone national ambient air quality standards (NAAQS). We are also proposing approval of amendments to a related regulation that New Hampshire revised as part of its RACT certifications for these two NAAQS, a revision to the State's definition of emergency generator, and removal from the SIP of two previously issued RACT orders. This action is being taken under the Clean Air Act.

This action proposes to revoke Colored Federal airway Green 4 (G-4) in the vicinity of Dillingham, AK due to the pending decommissioning of the Wood River (BTS) Non-directional Beacon (NDB).

The Environmental Protection Agency (EPA) is proposing to publish its approval of delegation of authority to the New Hampshire Department of Environmental Services (NH DES) for implementing and enforcing the Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014 under the Clean Air Act (CAA). On February 6, 2023, the NHDES Commissioner signed a memorandum of agreement (MoA) concerning the delegation of authority of the Federal Plan for existing municipal solid waste landfills to NHDES by EPA. Subsequently, the MoA became effective upon signature of the EPA Region 1 Deputy Regional Administrator on June 27, 2023. This notice informs the public of the MoA, provides a copy of the signed document, and proposes amending regulatory text to acknowledge the delegation of authority.

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-8 series airplanes. This AD was prompted by a report of stress corrosion cracking in certain stringers and end stringer splice assemblies. This AD requires repetitive inspections of the stringers and end stringer splice assemblies for any crack, shim, or gap, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

NMFS proposes regulatory changes to revise the monitoring requirements for pot gear catcher/processors (CPs) participating in Bering Sea/Aleutian Islands (BSAI) groundfish fisheries. This action is needed to address management challenges created by observer data collection errors that have impacted catch estimates. This action would improve observer data collection by requiring participants to carry a Level 2 observer and comply with pre-cruise meeting notifications, and by requiring certification and testing standards for participants choosing any of the following voluntary monitoring options: providing observer sampling stations, installing motion-compensated platform and flow scales, and carrying additional observers on the vessel. Additionally, this action would change the location of existing monitoring regulations for longline CPs and halibut deck sorting by moving them under a single, new subpart within the regulations. This action promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan (FMP) for Groundfish of the BSAI Management Area, and other applicable laws.

This NPRM proposes to adopt a new Federal Motor Vehicle Safety Standard (FMVSS) to require automatic emergency braking (AEB) systems on heavy vehicles, i.e., vehicles with a gross vehicle weight rating greater than 4,536 kilograms (10,000 pounds). This notice also proposes to amend FMVSS No. 136 to require nearly all heavy vehicles to have an electronic stability control system that meets the equipment requirements, general system operational capability requirements, and malfunction detection requirements of FMVSS No. 136. An AEB system uses multiple sensor technologies and sub-systems that work together to sense when the vehicle is in a crash imminent situation and automatically applies the vehicle brakes if the driver has not done so or automatically applies more braking force to supplement the driver's applied braking. This NPRM follows NHTSA's 2015 grant of a petition for rulemaking from the Truck Safety Coalition, the Center for Auto Safety, Advocates for Highway and Auto Safety and Road Safe America, requesting that NHTSA establish a safety standard to require AEB on certain heavy vehicles. This NPRM also responds to a mandate under the Bipartisan Infrastructure Law, as enacted as the Infrastructure Investment and Jobs Act, directing the Department to prescribe an FMVSS that requires heavy commercial vehicles with FMVSS-required electronic stability control systems to be equipped with an AEB system, and also promotes DOT's January 2022 National Roadway Safety Strategy to initiate a rulemaking to require AEB on heavy trucks. This NPRM also proposes Federal Motor Carrier Safety Regulations requiring the electronic stability control and AEB systems to be on during vehicle operation.

We announce our intention to establish a negotiated rulemaking committee to prepare proposed regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA). The committee will include representatives of organizations or groups with interests that are significantly affected by the subject matter of the proposed regulations. We also announce one public hearing at which interested parties may comment on the topic suggested by the Department and may suggest additional topics that we should consider for action by the negotiating committee. In addition, we announce that the Department will accept written comments on the topics suggested by the Department and suggestions for additional topics that we should consider for action by the negotiating committee.

On November 1, 2022, the Department of Education (Department) published in the Federal Register final regulations relating to loans under the Federal Perkins Loan (Perkins) Program, the Federal Family Education Loan (FFEL) Program and the William D. Ford Federal Direct Loan (Direct Loan) Program. This document corrects technical errors in the regulations and preamble. This document does not contain any substantive changes to the regulations.

The National Transportation Safety Board (NTSB) is amending its regulatory description of the agency's seal. Since the seal's inception, the agency has utilized various versions of the seal. For consistency, the agency proposes updating the regulation and codifying current agency practice. This proposed change will provide a revised graphical representation of the seal. Additionally, the NTSB is including non-substantive technical amendments throughout part 803 due to recent internal organizational changes and a typographical error reflected in the agency's mailing address.